68152: Our attitude towards the differences of opinion among the imams with regard to covering the face

There is an important matter that is giving me sleepless nights, which is: what is the meaning of the differences of the imam concerning a certain issue? If I say to someone that Shaykh So and so says that something is haraam, he says to me that is according to his madhhab or the madhhab of his country, and we follow a different madhhab that says it is halaal. This led me to the issue of hijab. For example, my country follows the Maaliki madhhab, the imams of which say that “that which is apparent” [al-Noor 24:33] refers to the face and hands. In addition to that, the face-veil is virtually banned in my country, i.e., you could never wear it in your daily life, such as wearing it at work or in school. There are laws that ban it and the gloves. Although personally I am fully convinced about the face-veil, I cannot wear it. What is your ruling on that? Because every time I listen to tapes about hijab from Shaykhs from another madhhab, I feel that my hijab is not Islamically acceptable, and I understand from their words that I am currently unveiled and making a wanton display of myself (tabarruj) and I am a cause of fitnah among this ummah. What should we do, as we are confused?.

Praise be to Allaah.

Firstly:

At the time of the Revelation, the Muslims learned the
rulings of Islam from the Prophet (peace and blessings of Allaah be
upon him) through the verses of the Holy Qur’aan and the ahaadeeth of his
Sunnah. Hence there were no differences of opinion among them except with
regard to some minor issues. If that happened, the Prophet (peace and
blessings of Allaah be upon him) would explain to them what was correct.

When the Prophet (peace and blessings of Allaah be upon
him) died and the Sahaabah spread out to various regions to teach the people
Islam, there appeared some differences with regard to some matters of fiqh
which arose at different times and in different places. These differences
were due to a number of reasons, which we will sum up here from the words of
the scholars:

1-
The evidence had not reached
the one who held a different opinion, and he made a mistake in forming his
opinion.

2-
The hadeeth had reached the
scholar, but he did not regard the transmitter as trustworthy, and he
thought that it went against something that was stronger, so he followed
that which he thought was stronger than it.

3-
The hadeeth had reached him but
he forgot it.

4-
The hadeeth had reached him but
he understood it in a way other than the intended meaning.

5-
The hadeeth reached him but it
was abrogated, and he did not know the abrogating text.

6-
He thought that it contradicted
something that was stronger than it, whether that was a text or scholarly
consensus (ijmaa’)

7-
The scholar used a weak hadeeth
as the basis for his ruling, or he derived the ruling by means of weak
arguments.

For a detailed discussion of these reasons and others, see
Raf’ al-Malaam ‘an al-A’immati’l-A’laam by Shaykh al-Islam Ibn Taymiyah,
and al-Khilaaf bayna al-‘Ulama’: Asbaabuhu wa Mawqifuna minhu by
Shaykh al-‘Uthaymeen.

We think that what we have mentioned about the reasons for
differences among the scholars i.e., with regard to matters of fiqh, will be
clear to you, in sha Allaah.

Secondly:

What should the Muslim’s attitude be towards differences that
arise between the scholars? In other words, which scholarly opinion should
the Muslim follow in matters where they differed? The answer depends:

1 – If the Muslim is one who has studied shar’i knowledge and
learned its basic principles and minor issues, and he can distinguish right
from wrong with regard to scholarly views, then he has to follow that which
he thinks is correct and ignore that which he thinks is wrong.

2 – If he is one of the rank and file, or has not studied
shar’i knowledge, and thus cannot distinguish between right and wrong with
regard to scholarly views, then he must follow the fatwa of a scholar whose
knowledge he trusts and who he believes to be trustworthy and religiously
committed, whether he is from his own country or another country, and
differences between scholars will not matter after that. He does not have to
change what he is doing because he hears another scholar issuing a fatwa
that differs from the one he is following, unless he realizes that what he
learned later on is the correct view, on the basis of his confidence in the
religious commitment and knowledge of the second Shaykh.

The one who has knowledge of evidence is required to follow
the evidence, even if it goes against some of the imams, if it does not go
against the consensus of the ummah.

The one who does not have any knowledge should ask the
scholars, because Allaah says (interpretation of the meaning):
“So ask of those who know the Scripture, if you know not”
[al-Nahl 16:43]. He should ask one who he thinks
has more knowledge and is more religiously committed, but that does not mean
that doing so obligatory, because the one who is better may make a mistake
with regard to a particular issue, and the one who is regarded as less
knowledgeable may be right with regard to it. But priority should be given
to following the one who is more knowledgeable and more religiously
committed.

If you ask about our view on the issue of covering the face,
the most correct scholarly view in our opinion is that it is obligatory to
cover the face in front of non-mahram men. There is a great deal of evidence
and scholarly views concerning that, as among the Maalikis. Many of them
said that it is not permissible for a woman to uncover her face in front of
non-mahram men, not because it is ‘awrah but because uncovering it runs the
risk of fitnah. But some of them think that it is ‘awrah. Hence women, in
their view, are forbidden to go out in front of non-mahram men with their
faces uncovered.

Allaah says (interpretation of the meaning):

“And when you ask (his wives) for anything you want, ask
them from behind a screen”

The entire woman is ‘awrah, her body and her voice, so it is
not permissible to uncover that except in cases of necessity, such as when
testimony is given against her, or medical treatment, or asking her about
her health issues. End quote.

Ahkaam al-Qur’aan by Ibn al-‘Arabi
(3/1578, 1579).

Al-Qurtubi (may Allaah have mercy on him), who is also
Maaliki, said:

This verse indicates that Allaah has given permission to ask
of them from behind a screen if there is some need, or when they ask a
question about something. That includes all women. Because it is a basic
shar’i principle that the entire woman is ‘awrah, her body and her voice –
as stated above –it is not permissible to uncover that except in cases of
necessity such as when testimony is given against her, or medical treatment,
or asking her about her health issues. End quote.

In al-Jaami’ li Ahkaam al-Qur’aan (14/227) it says:

For more information on the views of Maaliki fuqaha’
concerning the obligation for women to cover their faces, see: al-Ma’yaar
al-Mu’arrab by al-Wanshireesi (10/165 and 11/226 and 229), Mawaahib
al-Jaleel by al-Hattaab (3/141), al-Dhakheerah by al-Quraafi
(3/307) and Haashiyat al-Dasooqi ‘ala al-Sharh al-Kabeer (2/55).

We have discussed this issue and its evidence in more than
one answer on this site. Please see the answers to questions no.
11774,
12525,
13998,
21134 and
21536.

Fourthly:

With regard to what you mention about the laws in your
country forbidding women to cover their faces, that is something that makes
us feel very sad, to hear that covering and chastity are being opposed and
wanton display and unveiling are being encouraged everywhere, especially
when that happens in a country that is supposed to be Muslim.

If the laws forbid women to cover, and you fear persecution
because of covering your faces, then there is no sin on you if you do not do
it in that case, so long as that is based on necessity. So a woman should
not go out of her house with her face uncovered except in cases of
necessity. If she can break the law and put up with a little bit of hassle,
let her do so for there is no obedience to any created being if it involves
disobedience towards the Creator.